County served with summons and complaint by courthouse “occupier”
LAWSUIT CHALLENGES ORDINANCE
A lawsuit challenging Humboldt County’s urgency ordinance was filed May 24, 2012 by Janelle Egger with the 9th Circuit Federal Court in San Francisco. Yesterday afternoon Robin Donald visited the Humboldt County Courthouse and served the summons and Complaint. Both are members of the Occupy Civil Liberties Working Group.
In her suit, Egger points out that the March 27 ordinance imposed restrictions on the area in front of the courthouse that is a traditional public forum where free speech and assembly are constitutional protected. The suit asks the Court to declare the ordinance unconstitutional, remove the restrictions from the Humboldt County Code and monitor the planned enactment of a countywide ordinance. The court filing fees for the suit were provided by the Humboldt Civil Liberties Defense Fund.
Along with other demonstrators, she was arrested by Sheriff’s deputies on April 8th for being present on the Courthouse grounds after 9:30 PM. “We can not allow our government to restrict our right to peacefully exercise our First Amendment rights,” says Egger.
The courthouse grounds have been consistently used as a protest site over the years by such groups as the Veterans for Peace, California Teacher’s Association, the Women in Black, California Nurses Association, the Tea Party and the Buddhist Peace Fellowship.
“There was not a problem until the County and Eureka Police Department decided they were going to impose new rules on Occupy Eureka back in November.” Egger was active with Occupy Eureka from early November until her arrest. Since then she has committed her time to restoring First Amendments rights that were restricted under the urgency ordinance.
Egger, who lives in Fortuna with her husband where they raised two children, has lived in Humboldt County since 1973.
Occupy Civil Liberties Working Group sponsored the March 24th Stand Up & Shout Out Forum To Protect and Restore Our First Amendment Rights.
The text of complaint is available online at:
or at https://docs.google.com/open?id=0B-uTx6HuabZ7M255WldBbjNXLVk
The march 27, 2012 agenda board report is available online at:
[Added note: anyone wishing to contribute to the court costs in this suit may send a check to Humboldt Civil Liberties Defense Fund, P.O. Box 567,
Bayside, CA 95524 –HH]